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New Victim Surfaces in Jersey City Drunk-Driving Case

Earlier this year in Jersey City, 19-year-old Michael Garbacki drove drunk and plowed into a group of people. One victim's skull was detached from her spinal column, and another victim suffered spinal injuries. Now there is a third victim in the case against the Bayonne man.

"It goes to the seriousness and the tragedy of the collision that the first two victims suffered such extensive injuries that the third victim was taken to the hospital without the police realizing it," Hudson County Assistant Prosecutor Steve Dill said Thursday.

Michaelangelo Conte of The Jersey Journal writes that in this superseding indictment, Garbacki is now additionally charged with aggravated assault and assault by auto in connection to injuries suffered by Bianca Santana, 21, of Asbury Park, as a result of the April 18 incident on Port Jersey Boulevard.

Santana suffered spinal injuries, including herniated discs, but suffered no paralysis. She was treated at the Jersey City Medical Center, Jersey Shore Medical Center and then by physician in Neptune, Dill said.

Garbacki was allegedly behind the wheel of a friend's car when he slammed into the group. Police said his blood alcohol level was twice the legal limit. He has already been indicted for injuries to Jillian Elias, 19, and Yajaira Montes, 21, both of Bayonne.

Elias was the most seriously injured. Her skull was completely detached from her spinal column, although her spinal cord was not severed. Her neck muscles kept her head attached to her body, according to her attorney, Christopher LoPiano. Elias also suffered brain trauma, 13 fractures, a collapsed lung, and lacerations to her liver, kidney, and spleen. Doctors had told Elias' parents she might not make it through the night. She has limited use of her arms and legs, LoPiano said.

Garbacki was originally charged with assault by auto, driving while intoxicated, and two counts of aggravated assault. He pleaded not guilty to those charges. He could be imprisoned for more than 25 years if convicted on the charges he faced prior to the superseding indictment.

Prosecutors had offered Garbacki a plea deal that would have put him in prison for five years with no chance of parole until he served 85 percent of the term. The defense countered with an offer of four years with not chance of parole until after serving 85 percent of the term. Dill said the victims and his office are weighing the counter offer.

Garbacki is to be arraigned on the new charges before Hudson County Superior Court Judge Kevin Callahan on Jan. 25. He was freed on a $100,000 bail.